784. Organizations, etc.-The Corps of Engineers shall consist of one Chief of Engineers with the rank of brigadier-general, of ten colonels, sixteen lieutenant-colonels, thirty-two majors, forty-three captains, forty-three first lieutenants, and forty-three second lieutenants. The enlisted force provided in section eleven of this Act, and the officers serving with the organized battalions thereof, shall constitute a part of the line of the Army: Provided, That the Chief of Engineers shall be appointed as now provided by law, and hereafter vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be filled by promotion, according to seniority, from the Corps of Engineers. Any vacancies occurring at any time in the grade of second lieutenant shall be left for future promotions from the corps of cadets at the United States Military Academy. Act of Apr. 23, 1904 (33 Stat. 263).

785. Same. The Corps of Engineers of the United States Army is hereby increased by five colonels, six lieutenant colonels, nineteen majors, seventeen captains, and thirteen first lieutenants. The increase in each grade hereby provided for shall be extended over a

'Section 1193, Revised Statutes, which provides that the chiefs of corps and departments named, including the Chief of Engineers, "shall be appointed by selection from the corps to which they belong.”

period of five years as nearly as practicable, and the original vacancies hereby created in each grade shall be filled by promotion from the next lower grade in accordance with existing law. Sec. 5, Act of Feb. 27, 1911 (36 Stat. 957).

786. Appointments, qualifications.-Vacancies in the grade of second lieutenant in the Corps of Engineers shall hereafter be filled, as far as may be consistent with the interests of the military service, by promotions from the Corps of Cadets at the United States Military Academy: Provided, That vacancies remaining in any fiscal year after the assignment of cadets of the class graduating in that fiscal year may be filled from civil life as hereinafter provided: And provided further, That the proportion of any graduating class assigned to the Corps of Engineers shall not be less than the proportion which the total number of officers authorized at date of graduation for that corps bears to the total number of officers authorized at same date for all branches of the Army to which cadets are eligible for promotion upon graduation, except when such a proportionate number is more than the number of vacancies existing at date of graduation plus the number of retirements due to occur in the Corps of Engineers prior to the first day of the following January. To become eligible for examination and appointment, a civilian candidate for the appointment as second lieutenant must be an unmarried citizen of the United States between the ages of twenty-one and twenty-nine, who holds a diploma showing graduation in an engineering course from an approved technical school, and is eligible for appointment as a junior engineer under the Engineer Bureau of the War Department. Selection of eligible civilians for appointment, including term of probation, shall be made as the result of such competitive examination into the mental, moral, and physical qualifications, and under such rules and regulations as shall be recommended by the Chief of Engineers and approved by the Secretary of War. Id.

1

787. Promotions.-When any lieutenant of the Corps of Engineers or Ordnance Corps has served fourteen years' continuous service as lieutenant, he shall be promoted to the rank of captain on passing the examination provided by the preceding section, but such promotion shall not authorize an appointment to fill any vacancy, when such appointment would increase the whole number of officers in the corps beyond the number fixed by law; nor shall any officer be promoted before officers of the same grade who rank him in his corps. Sec. 1207, R. S.

788. Same-Examinations.-No officer of the Corps of Engineers below the rank of field officer shall be promoted to a higher grade until he shall have been examined and approved by a board of three

1 Section 1206, Revised Statutes.

engineers, senior to him in rank. If an engineer officer fail on such examination he shall be suspended from promotion for one year, when he shall be reexamined before a like board. In case of failure on such reeexamination, he shall be dismissed from the service.1 Sec. 1206, R. S.

789. Limits of duty-Transfers.-Engineers shall not assume nor be ordered on any duty beyond the line of their immediate profession, except by the special order of the President. They may, at the discretion of the President, be transferred from one corps to another, regard being paid to rank. Sec. 1158, R. S.

ENLISTED FORCE.

790. Organization.-The enlisted force of the Corps of Engineers shall consist of one band and three battalions of engineers. Sec. 11, Act of Feb. 2, 1901 (31 Stat. 750).

791. Part of line of Army.-The enlisted force provided in section eleven of this act and the officers serving there with shall constitute a part of the line of the Army. Sec. 22, id.

792. Band. The engineers' band shall be organized as now provided by law for bands of infantry regiments.2 Sec. 11, id.

793. Engineer battalion.-Each battalion of engineers shall consist of one sergeant-major, one quartermaster-sergeant, and four companies. Id.

794. Same-Officers.-Battalion adjutants, battalion quartermasters, and appropriate officers to command the companies and battalions of engineer soldiers shall be detailed from the Corps of Engineers. Sec 1156, R. S., amended by sec. 11, Act of Feb. 2, 1901 (31 Stat. 750).

795. Company organization.-Each company of engineers shall consist of one first sergeant, one quartermaster-sergeant with the rank, pay, and allowances of sergeant, eight sergeants, ten corporals, two musicians, two cooks, thirty-eight first-class and thirty-eight second-class privates. Sec. 11, Act of Feb. 2, 1901 (31 Stat. 750).

796. Same-Increase.--The President may, in his discretion, increase the number of sergeants in any company of engineers to twelve, and the number of corporals to eighteen, the number of first-class privates to sixty-four, and the number of second-class privates to sixty-four, but the total number of enlisted men authorized for the whole Army shall not, at any time, be exceeded. Id.

797. Duties.-The enlisted men of the engineer battalion shall be instructed in and perform the duties of sappers, miners, and ponto

For statutory regulations in respect to examinations for promotions, see the Examinations for promotion" in the chapter entitled The staff depart

title " ments.

"For the organization of the infantry band, see par. 1099, post.

48985°-15-20

niers, and shall aid in giving practical instruction in those branches at the Military Academy. They may be detailed by the Chief of Engineers to oversee and aid laborers upon fortifications and other works in charge of the Engineer Corps, and, as fort keepers, to protect and repair finished fortifications.1 Sec. 1157, R. S.

798. Character of equipment.-The Chief of Engineers is authorized, with the approval of the Secretary of War, to regulate and determine the number, quality, form, and dimensions of the necessary vehicles, pontoons, tools, implements, arms, and other supplies for the use of the battalions of engineer soldiers. Sec. 1152, R. S.

799. Retired officers-Employment.-Section two of the act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-five and for other purposes, approved July thirty-first, eighteen hundred and ninety-four, shall not be so construed as to prevent the employment of any retired officer of the Army or Navy to do work under the direction of the Chief of Engineers of the United States Army in connection with the improvement of rivers and harbors of the United States, or the payment by the proper officer of the Treasury of any amounts agreed upon as compensation for such employment. Sec. 7, Act of June 3, 1896 (29 Stat. 235).

800. Chief of Engineers' use of Library of Congress.-The Joint Committee of Congress on the Library is authorized to extend the use of the books in the Library of Congress to the Chief

*

of Engineers of the Corps of Engineers United States Army, resident in Washington, on the same conditions and restrictions as members of Congress are allowed to use the Library. J. R., No. 41, Aug. 28, 1890 (26 Stat. 678).

801. Subscriptions to be paid from appproprpiation of $25,000.-That hereafter section thirty-six hundred and forty-eight, Revised Statutes, shall not apply to subscriptions for foreign and professional

1 One company of bombardiers, sappers, and miners was authorized by the act of April 29, 1812 (2 Stat. 720), to be officered from the Corps of Engineers; this company was disbanded at the general reduction of 1821, act of March 2, 1821 (2 id., 615). A similar company, to be officered in the same manner, was authorized by the act of May 15, 1846 (9 id., 12); three additional companies were provided for in section 4 of the act of August 6, 1861 (12 id., 317). A sergeant-major, quartermaster-sergeant, and commissary-sergeant were authorized by section 4 of the act of June 20, 1864 (13 id., 144). By section 20 of the act of July 28, 1866 (14 id., 335), the enlisted establishment of the Corps of Engineers was fixed at five companies, with the battalion sergeant-major and quartermaster-sergeant already authorized by law. The grade of battalion commissary-sergeant was discontinued by section 10 of the act of July 15, 1870 (15 id., 318). Section 7 of the act of March 2, 1899 (30 Stat. 979), contained the requirement that the battalion of engineers and the officers serving therewith should constitute a part of the line of the Army; this provision was reenacted in section 22 of the act of February 1, 1901 (31 Stat. 754); by section 11 of the same enactment the enlisted force of the Engineer Corps was increased to three battalions of engineer troops and a band.

'Section 2, act of July 31, 1894 (28 Stat. 205).

newspapers and periodicals to be paid for from this appropriation, $25,000. Act of Apr. 27, 1914 (38 Stat. 369).

FORTIFICATIONS.1

802. Procurement of sites.-Hereafter the Secretary of War may cause proceedings to be instituted in the name of the United States in any court having jurisdiction of such proceedings for the acquirement, by condemnation, of any land, or right pertaining thereto, needed for the site, location, construction, or prosecution of works for fortifications and coast defenses, such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted:

The act of February 10, 1875, contained the following provision: "For torpedoes for harbor defenses and the preservation of the same, and for torpedo experiments in their application to harbor and land defense, and for instruction of engineer battalion in their preparation and application, fifty thousand dollars; Provided, That the money herein appropriated for torpedoes shall only be used in the establishment and maintenance of torpedoes to be operated from shore stations for the destruction of an enemy's vessel approaching the shore or entering the channels and fairways of harbors," which was repeated in the acts of February 10, 1875, June 20, 1876, March 3, 1877, March 23, 1878, March 3, 1879, May 4, 1880, March 3, 1881, and May 19, 1882. The act of March 3, 1883, contained the requirement that “one-half of the money herein appropriated may be used in the purchase of torpedoes of the latest improvement."

If, in the opinion of the Chief of Engineers, a contemplated building will be an appliance necessary in the operation of submarine mines for the defense of harbors, or will, when completed, be used in operating such mines, or in such a way as to render their operation possible for the defense of harbors, the cost of its erection is chargeable to the appropriation for torpedoes for harbor defense. (3 Comp. Dec., 30.)

A proceeding to condemn lands for the use of the United States under this statute is properly brought in a district court of the United States. In such proceeding the practice should be in substantial conformity with that pursued in the courts of the State in which the lands are situated, when similar proceedings are there instituted. (U. S. v. Engeman, 45 Fed. Rep., 546.)

The manner in which the power of eminent domain of the United States shall be exercised is a matter of legislative discretion, and Congress, by the act of August 1, 1888 (25 Stat. 357), has vested in the United States circuit and district courts of the district in which land is situated jurisdiction of proceedings authorized to be instituted by any public officer to condemn such land for public purposes. By the act of August 18, 1890 (26 Stat. 316), the Secretary of War is authorized to cause proceedings to be instituted for the condemnation of land for military purposes "in any court having jurisdiction of such proceedings." Held, that said acts are in pari materia, and upon an application by the Secretary of War, under the latter act, the Attorney-General may, at his election, cause proceedings to be instituted for the condemnation of land for military purposes in either the State or Federal courts. (Chappell v. U. S., 81 Fed. Rep., 764.)

Where land proposed to be conveyed by a State to the United States for the purpose of fortifications was described in the proffered deed as extending to the sea and in a line along the sea, held that such a deed would convey only land extending to and bounded by a high-water mark, and advised that the grant should be so expressed as specifically to include the shore to low-water mark, and should also embrace such water-covered lands as would be sufficient to prevent the erection, by the authority of the State, of structures that might interfere with the proper use of the land for purposes of fortifications.

Where, however, under the laws of the State, a private owner's title extends to ordinary low-water mark. so that a conveyance bounding the lands "on the sea or salt water" would give title to low-water mark, held that a conveyance of "all that portion of Peddocks Island * ** lying north of a straight

line across the island" would give title to low-water mark. (Dig. J. A. G., 920, D.)